A.M. v. N.M. Dep't of Health

• Decision Date: 17 July 2015
• Docket Number: No. CIV 13–0692 JB/WPL.,CIV 13–0692 JB/WPL.
• Citation: 117 F.Supp.3d 1220
• Parties: A.M., through her Guardian ad Litem, Joleen YOUNGERS, Plaintiff, v. NEW MEXICO DEPARTMENT OF HEALTH; Los Lunas Center for Persons with Development Disabilities; Roger Adams, individually and in his capacity as an agent for the New Mexico Department of Health; Beth Schaefer, individually and in her capacity as an agent for the New Mexico Department of Health; Dan Sandoval, individually and in his capacity as an agent for the New Mexico Department of Health; Joseph Mateju, individually and in his capacity as an agent for the New Mexico Department of Health; New Mexico Aging and Long–Term Services Department; and The Adult Protective Services Division of New Mexico Aging and Long–Term Services Department, Defendants.
• Court: U.S. District Court — District of New Mexico

117 F.Supp.3d 1220

A.M., through her Guardian ad Litem, Joleen YOUNGERS, Plaintiff,

v.NEW MEXICO DEPARTMENT OF HEALTH; Los Lunas Center for Persons with Development Disabilities; Roger Adams, individually and in his capacity as an agent for the New Mexico Department of Health; Beth Schaefer, individually and in her capacity as an agent for the New Mexico Department of Health; Dan Sandoval, individually and in his capacity as an agent for the New Mexico Department of Health; Joseph Mateju, individually and in his capacity as an agent for the New Mexico Department of Health; New Mexico Aging and Long–Term Services Department; and The Adult Protective Services Division of New Mexico Aging and Long–Term Services Department, Defendants.

No. CIV 13–0692 JB/WPL.

United States District Court, D. New Mexico.

Filed July 17, 2015.

John Ford Hall, Kelly K. Waterfall, Law Offices of Peter Cubra, Albuquerque, New Mexico, Nancy L. Simmons, Law Offices of Nancy L. Simmons, P.C., Albuquerque, NM, for Plaintiff.

Stephen S. Hamilton, Alexia Constanteras, Montgomery & Andrews, P.A., Albuquerque, NM, for Defendants.

MEMORANDUM OPINION¹

JAMES O. BJOWNING, District Judge.

THIS MATTER comes before the Court on the Individual DOH Defendants' Motion to Dismiss Plaintiff's First and Fourth Amendment Claims on the Basis of Qualified Immunity, filed March 6, 2014 (Doc. 24)("MTD"). The Court held a hearing on October 23, 2014. The primary issues are: (i) whether Defendants Dan Sandoval, Roger Adams, Joseph Mateju, and Beth Schaefer (collectively, the "Individual DOH Defendants")² violated Plaintiff A.M.'s right of expressive association under the First Amendment to the Constitution of the United States of America; and (ii) whether the Individual DOH Defendants violated A.M's right to be free from unlawful seizures under the Fourth Amendment to the Constitution. First, the Court concludes that, although the First Amendment right of expressive association was clearly established in 1979, A.M.'s expressive-association claim fails, because she does not allege that the Individual DOH Defendants prevented her from associating with others for expressive purposes. Second, the Court concludes that the Individual DOH Defendants did not violate A.M.'s Fourth Amendment right to be free from unlawful seizure when they transferred her from the Fort Stanton Training School, Fort Stanton, New Mexico, to the Homestead House, an unlicensed group shelter in Silver City, New Mexico, on November 12, 1979. Third, the Court concludes that, even if the Individual DOH Defendants unlawfully seized A.M. when they transferred her, that right was not clearly established in 1979. Accordingly, the Court will grant the MTD.

FACTUAL BACKGROUND

The Court takes its facts from the Original Complaint for Damages, filed July 26, 2013, (Doc. 2)("Complaint"), as it must when considering a motion to dismiss for failure to state a claim under rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court has reorganized the factual material in the Complaint to explain the facts more clearly.

1. The Parties.

A.M. is a sixty-six year old woman who has been diagnosed with various developmental disabilities. See Complaint ¶ 66, at 18. A.M. was involuntarily committed to the New Mexico Department of Health ("DOH") by court order on May 8, 1963, when she was sixteen years old, because her developmental disabilities rendered her unable to care for herself. See Complaint ¶¶ 67–69, at 18–19. Because of her disabilities, A.M. brings this action through her guardian ad litem, Joleen Youngers. See Complaint ¶ 66, at 18.

The DOH operates all of the facilities that house and treat people with developmental disabilities in the State of New Mexico. See Complaint ¶ 8, at 4. One of these facilities is the Los Lunas Center for Persons with Developmental Disabilities—formerly known as the Los Lunas Hospital and Training School ("Los Lunas Hospital"). Complaint ¶ 8, at 4. Fort Stanton was another DOH facility for individuals with developmental disabilities and was a subsidiary of the Los Lunas Hospital. Complaint ¶¶ 8–9, at 4. Because the Complaint refers to the Los Lunas Hospital and Fort Stanton collectively as the "Training School," the Court will do so throughout this Memorandum Opinion ("MO"). Complaint ¶ 1, at 1–2; id. ¶ 11, at 4–5. Moreover, because the Complaint refers to the DOH and the Training School collectively as "the DOH Defendants," the Court will do so throughout this MO. Complaint ¶ 11, at 4.

Before 1992, the New Mexico Human Services Department ("HSD") was responsible for operating Adult Protective Services ("APS")³ in New Mexico. Complaint ¶ 22, at 8. APS is responsible for protecting adults with developmental disabilities from exploitation, abuse, and neglect. See Complaint ¶ 22, at 8. APS must also ensure that those adults receive the treatment and social services that they need. See Complaint ¶ 22, at 8. From 1992 to 2005, the New Mexico Children Youth and Families Department ("CYFD") inherited HSD's responsibilities for all protective services in the state, including APS. Complaint ¶ 23, at 8. CYFD was responsible for: (i) coordinating and supervising APS; (ii) adopting rules and regulations necessary to implement and operate APS; and (iii) evaluating APS' effectiveness. See Complaint ¶ 23, at 8. In 2005, the New Mexico Aging and Long–Term Services Department ("ALTSD") inherited APS from CYFD and has since then operated APS. Complaint ¶ 24, at 8–9. Like its predecessors, the ALTSD is responsible for: (i) coordinating and supervising APS; (ii) adopting rules and regulations necessary to implement and operate APS; and (iii) evaluating APS' effectiveness. See Complaint ¶ 25, at 9. Because the Complaint refers to the ALTSD, APS, and the DOH Defendants as the "State Agency Defendants," the Court will do so throughout this MO. Complaint ¶ 27, at 9.

Schaefer was an attorney for the DOH and the Training School from September 13, 1976, to December 31, 2001. See Complaint ¶ 14, at 5. Sandoval was the Director of Resident Living for the Training School between 1979 and 1985.See Complaint ¶ 16, at 5. As Director of Resident Living, Sandoval was in charge of social services and the Training School's social workers. See Complaint ¶ 45, at 12. Sandoval was also a member of the Training School's Screening Committee on Admissions and Releases ("SCAR") and, at times, its chairman. Complaint ¶ 16, at 6.

Adams was the Training School's Deputy Administrator or Acting Administrator "during the relevant time period."⁴ Complaint ¶ 18, at 6. Adams made hundreds of decisions regarding the placement and treatment of Training School residents—including the Training School's placement and discharge decisions relating to A.M. See Complaint ¶ 18, at 6. Adams chaired SCAR, attended most SCAR meetings, and approved A.M.'s discharge from aftercare without taking any steps to ascertain whether she would be safe or have her medical and other needs met. See Complaint ¶ 18, at 6.

Mateju was the Training School Administrator "during the relevant time period." Complaint ¶ 20, at 7. As Administrator, he made the final decisions regarding the placement and treatment of Training School residents, and all placement and discharge decisions relating to A.M. See Complaint ¶ 20, at 7. He also had the authority to unilaterally accept and remove individuals from the Training School. See Complaint ¶ 20, at 7. Mateju was responsible for the placement of many residents—including A.M.—into third-party homes, boarding homes, and other outside facilities.

See Complaint ¶ 20, at 7. Mateju had responsibility for ensuring that appropriate measures were taken to: (i) provide for A.M.'s health, safety, and well-being; (ii) ensure that she received appropriate services; and (iii) ensure that A.M. continued to receive those services in any third-party placements. See Complaint ¶ 20, at 7–8.

2. The Aftercare Program.

Over a period of two decades—through the 1970s and 1980s—the DOH Defendants systematically transferred hundreds of developmentally disabled individuals from state institutions to various private third parties throughout New Mexico. See Complaint ¶ 2, at 2; id. ¶ 37, at 10. These private third parties ranged from boarding homes to private residences and commercial enterprises. See Complaint ¶ 2, at 2. The Defendants called this program "aftercare"; the developmentally disabled individuals placed with third parties through the aftercare program were called "aftercare residents." Complaint ¶ 2, at 2; id. ¶ 38, at 11. Mateju personally attended SCAR meetings during which A.M. was discussed, and he personally approved decisions regarding her discharge, including "from aftercare," without taking any steps to ascertain whether she would be safe or have serious medical and other needs addressed. Complaint ¶ 20, at 7.

The Defendants placed aftercare residents with private third parties "without anyone's informed consent, without the appointment of guardians or any other legally-authorized surrogate decision-makers, without permission from the courts that committed them to the state institutions ..., and without due process of law...." Complaint ¶ 3, at 2. In some cases, the Defendants contacted ex parte the judicial authorities that had committed aftercare residents to the Training School and "provided misleading information to them concerning the status of individuals discharged from the Training School." Complaint ¶ 3, at 2–3. In other cases, the Defendants did not communicate with the judicial authorities who committed individuals to the Training School at all before transferring those individuals to private third parties.See Complaint ¶ 3, at 2–3.

After transferring aftercare residents to their third-party placements, the DOH and the Individual DOH Defendants "abandoned" them. Complaint ¶ 3, at 2. The DOH and the Individual DOH Defendants neither provided them with the services that they needed, nor protected them from abuse, neglect, or...